93 Decision Citation: BVA 93-08442
Y93
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 90-02 398 ) DATE
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THE ISSUES
1. Entitlement to service connection for a chronic skin
disorder.
2. Entitlement to service connection for an acquired
psychiatric disorder, including post-traumatic stress
disorder.
REPRESENTATION
Appellant represented by: Veterans Service Commission,
Arizona
WITNESS AT HEARING ON APPEAL
Veteran
ATTORNEY FOR THE BOARD
L. Jennifer Lane, Associate Counsel
INTRODUCTION
Initially, we note that the veteran had active service from
July 1966 to April 1973 and served in Vietnam. The matter
is currently before the Board of Veterans' Appeals (Board)
on appeal from a December 1988 rating decision of the
Department of Veterans Affairs (VA) Phoenix, Arizona,
regional office (RO). The veteran filed a notice of
disagreement with that decision in June 1989, and a
statement of the case was issued in July 1989. The
substantive appeal was received in December 1989, and the
case was received at the Board in February 1990 and docketed
in April 1990. The case was subsequently referred to
Disabled American Veterans, the veteran's representative at
that time, and that organization submitted an informal
hearing presentation in June 1990.
The Board remanded the case for further development in July
1990, and supplemental statements of the case were issued in
April 1991 and July 1991. A hearing was held at the RO
before a hearing officer in November 1991, and that hearing
officer issued a decision in June 1992 confirming and
continuing the RO's denial of the veteran's claims. The RO
issued a supplemental statement of the case in July 1992,
and the case was returned to and docketed at the Board in
February 1993. We note that the veteran is currently
represented by the Veterans Services Commission, Arizona.
We also note that for reasons discussed later a remand
regarding the issue of entitlement to service connection for
an acquired psychiatric disorder, including post-traumatic
stress disorder, follows our decision on the merits
pertaining to the issue of entitlement to service connection
for a chronic skin disorder.
CONTENTIONS OF APPELLANT ON APPEAL
The veteran asserts that the RO was wrong in denying service
connection for a chronic skin disorder. Essentially, he
contends that his current skin disorder was first manifested
while in service.
DECISION OF THE BOARD
In accordance with the provisions of 38 U.S.C.A. § 7104
(West 1991), following review and consideration of all
evidence and material of record in the veteran's claims
file, and for the following reasons and bases, it is the
decision of the Board the record supports granting service
connection for a chronic skin disorder.
FINDINGS OF FACT
1. All relevant evidence necessary for an equitable
disposition of the veteran's claim for entitlement to
service connection for a chronic skin disorder has been
obtained by the RO.
2. A chronic skin disorder was manifested during service.
CONCLUSION OF LAW
A chronic skin disorder was incurred in service.
38 U.S.C.A. §§ 1110, 5107(a) (West 1991).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
We note that the veteran has presented a well-grounded claim
for service connection for a chronic skin disorder within
the meaning of 38 U.S.C.A. § 5107(a) (West 1991) as it is
not implausible. Murphy v. Derwinski, 1 Vet.App. 78
(1990). We are also satisfied that with regard to that
claim all relevant facts have been properly developed by the
RO. Additionally, we find that the RO has no further duty
to assist the veteran in the development of that claim as
mandated by the provisions of 38 U.S.C.A. § 5107(a) (West
1991).
We note that a VA examiner in October 1988 diagnosed tinea
pedis and that at that time the veteran reported having had
athlete's foot since service. Thus, service connection for
tinea pedis is warranted if that disorder was incurred in or
aggravated by active service. 38 U.S.C.A. § 1110 (West
1991).
While the separation medical examination in March 1973
included a normal evaluation of the skin and feet,
suggesting that any skin abnormalities involving the feet
during service had resolved prior to discharge from service,
the preponderance of the evidence contained in the service
medical records shows that the tinea pedis manifested during
service was not acute. A service medical record dated in
April 1970 shows that the veteran complained of athlete's
foot at that time. Other service medical records disclose
that he had symptoms of tinea pedis in October 1971 and was
treated for recurrent tinea pedis in October 1972. Thus,
while tinea pedis was not manifested upon his separation
from service, the veteran did have recurrent episodes of
that disorder for a period of over two years during
service.
Additionally, our review of a medical text supports finding
that the skin disorder manifested during service was a
chronic disorder. Tinea pedis, also referred to as
athlete's foot and ringworm of the feet, is "characterized
by intensely pruritic lesions varying from mild, chronic,
and scaling to acute exfoliative, pustular, and bullous."
Dorland's Illustrated Medical Dictionary, 1724 (27th ed.
1988). Also, ringworm of the feet tends "to be inflammatory
and recurrent" or "noninflammatory and extraordinarily
persistent", depending on type. I H. Hurley, Jr., S.
Moschella, & D. Pillsbury, Dermatology 641 (1975).
Therefore, we find that a chronic skin disorder was incurred
during service. 38 U.S.C.A. § 1110 (West 1991).
Accordingly, service connection for that disorder is
granted.
ORDER
Service connection for a chronic skin disorder is granted.
REMAND
With regard to the claim for entitlement to service
connection for an acquired psychiatric disorder, including
post-traumatic stress disorder, the veteran testified at the
RO hearing in November 1991 that his unit was under attack
for several days during the TET Offensive in 1968. Our
review of the record discloses that no attempt has been made
to obtain the veteran's unit history. In light of the
veteran's diagnosis of post-traumatic stress disorder and
his hearing testimony, we find that the VA's duty to assist
requires that such an attempt be made. 38 U.S.C.A.
§ 5107(a) (West 1991). According to service personnel
records, while in Vietnam the veteran served in the 534th
Transportation Company from December 1967 to November 1968,
in the 63rd Transportation Company and 444th Transportation
Company from July 1969 to November 1970, and in the 86th
Transportation Company from September 1971 to May 1972.
For the reasons discussed above, the claim for entitlement
for service connection for an acquired psychiatric disorder,
including post-traumatic stress disorder, is REMANDED for
the following action:
The RO should request the unit histories
of the 534th Transportation Company,
dated from December 1967 to November
1968, of the 63rd Transportation Company
and 444th Transportation Company dated
from July 1969 to November 1970, and of
the 86th Transportation Company dated
from September 1971 to May 1972.
When the above action has been accomplished, the RO should
review the claim regarding service connection for
post-traumatic stress disorder in light of any additional
evidence. If the RO continues to deny that claim, the
veteran and his representative should be furnished a
supplemental statement of the case and be afforded a
reasonable opportunity to respond before the case is
returned to the Board for further review. The Board
intimates no opinion regarding the merits of the claim for
entitlement to service connection for an acquired
psychiatric disorder, including post-traumatic stress
disorder, and no further action is required of the veteran
unless he is notified.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
WARREN W. RICE, JR. ROBERT D. PHILIPP
*
(Member temporarily absent)
*38 U.S.C.A. § 7102(a)(2)(A) (West 1991) permits a Board of
Veterans' Appeals Section, upon direction of the Chairman of
the Board, to proceed with the transaction of business
without awaiting assignment of an additional Member to the
Section when the Section is composed of fewer than three
Members due to absence of a Member, vacancy on the Board or
inability of the Member assigned to the Section to serve on
the panel. The Chairman has directed that the Section
proceed with the transaction of business, including the
issuance of decisions, without awaiting the assignment of a
third Member.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), the decision of the Board of Veterans' Appeals
granting service connection for a chronic skin disorder is
appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a notice of disagreement concerning
an issue which was before the Board was filed with the
agency of original jurisdiction on or after November 18,
1988. Veterans' Judicial Review Act, Pub. L. No. 100-687,
§ 402 (1988). The date which appears on the face of this
decision constitutes the date of mailing and the copy of
this decision which you have received is your notice of the
action taken on your appeal by the Board of Veterans'
Appeals.
Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the
Board of Veterans' Appeals is appealable to the United
States Court of Veterans Appeals. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (1992).